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15 May 1805
Evidence
Be it even on the side of the Plaintiff, that the exclusion evidence
is thus excluded would have operated. The By the supposition
the plaintiff, notwithstanding the exclusion, receives the full benefit
of his demand, one evil mischief may notwithstanding lurk behind
the decision, and besides the mischief of the second order
above mentioned, even a mischief of the 1st order, and that to
the prejudice of the plaintiff's side. The plaintiff At the
hands of the Judge in question, by virtue of by the decision ultimate decision he has pronounced the plaintiff has received the
full benefit of his demand. True: but, when the grounds of
the decision come to be examined by a Court above, such is
the consequence of the exclusion, they will be are found insufficient, and the pre decision, the precipitate decision decision tainted with precipitation will of
course will or may whatsoever may be the ultimate termination of the cases,
may be set aside. If such precipitation were
to pass uncensured, a dishonest judge might thus, in one mischievous
way, produce real undue prejudice, in the way either of vexation expence and delay, or in the way of ultimate injustice, to the side towards
which in appearance he was shewing undue favour in appearance.
At the end of the account, will not precipitation then
be an evil? Yes, certainly: because every thing that to
which it may happen to be a cause of evil, may in
so far be considered as being itself an evil. In the pedigree
of evil: in which the filration is traced up from cause to cause
it may will therefore be entitled to a its place. It may even happen to it
an hath just been shewn, to be a cause even of delay, unnecessary
delay: but on this account its place, it may be seen is not in
the same degree, the same generation, the same law as that of
its opposite: it ranks not in its place is – not in the same line bench with vexation, expence, or
delay, any more than with punishment, dispensation of right or satisfaction where undue,
but as in that of a cause, a contingent cause of all or any of those evils.
Identifier: | JB/058/108/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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